FRUIT v. NORRIS

No. 88-2574.

905 F.2d 1147 (1990)

Bobby FRUIT; John Witham; and Craig Rayburn, Appellants, v. Larry NORRIS, Warden; M. Evans; H. Rhodes; W. Simmons; Employees, Tucker Max. Security Unit, A.D.C., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 11, 1990.


Attorney(s) appearing for the Case

Lynda Barr Langford, Little Rock, Ark., for appellants.

Jack Gillean, Little Rock, Ark., for appellees.

Before JOHN R. GIBSON and BOWMAN, Circuit Judges, and HENLEY, Senior Circuit Judge.


HENLEY, Senior Circuit Judge.

Appellants Bobby Fruit, John Witham and Craig Rayburn, inmates at the Arkansas Department of Correction, appeal from a judgment of the district court dismissing their § 1983 action pursuant to Fed.R.Civ.P. 41(b).1 We affirm in part and reverse and remand in part.

At approximately 2:30 p.m. on July 17, 1986, appellees Sergeant Simmons and Major Rhodes ordered appellants, who had been working on...

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